A Common Sense approach to Nativity photographs

The Information Commissioner has said that family and friends are not prevented from taking photographs at school concerts and plays.

This common sense approach comes just in time for the hundreds of school events, such as concerts, plays and nativities, taking place this Christmas. Christopher Graham, the Commissioner, firmly rejected the “myth” that such photos are forbidden by the Data Protection Act (“the Act”).

He went on to say that “Armed with our guidance, parents should feel free to snap away this Christmas and stand ready to challenge any schools or councils that say ‘Bah, Humbug’ to a bit of festive fun.”

The guidance Mr Graham refers to was published by the Information Commissioner’s Office this month to help parents understand their rights, but also explains the application of the Act in these situations to local education authorities and those who work in schools, clarifying that the Act continues to apply when a school or college takes photographs for official use.

Emily Brown, a solicitor in the Education Unit at Birkett Long, said “This is very welcome guidance for schools and parents alike; schools in the past have erred on the side of caution for fear of breaching the Data Protection Act or of facing accusations that children were being put at risk, whilst parents were disappointed when they were not allowed to capture those proud moments on camera.

“It probably still holds true that care should be taken in what is then done with those photographs; putting them on social networking websites may still be thought to be inappropriate. However, for the majority of families who simply want a record of their child’s achievements, a photograph to put on the wall or in their album, this guidance can only be a good thing.”

A full copy of the ICO guidance can be read here. If you would like some further advice about this matter, please contact Emily Brown on 01206 217 317 or emily.brown@birkettlong.co.uk.